H.R. 10303

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10303 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 10303

To direct the Secretary of the Interior to establish a grant program to 
assist projects that use nonlethal coexistence measures to reduce 
property damage caused by native beavers, a keystone species, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 5, 2024

Ms. DelBene (for herself, Ms. Bonamici, and Ms. Tlaib) introduced the 
following bill; which was referred to the Committee on Natural 
Resources

_______________________________________________________________________

A BILL

To direct the Secretary of the Interior to establish a grant program to 
assist projects that use nonlethal coexistence measures to reduce 
property damage caused by native beavers, a keystone species, and for 
other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Developing Alternative Mitigation 
Systems for Beavers Act'' or the ``DAMS for Beavers Act''.

SEC. 2. BEAVER DAMAGE MITIGATION GRANT PROGRAM.

(a) Establishment.--Not later than 1 year after the date of the 
enactment of this section, the Secretary shall establish and implement 
a grant program under which the Secretary may award grants on a 
competitive basis to eligible entities to carry out projects that use 
nonlethal coexistence measures to--
(1) reduce property damage caused by beavers; and
(2) maintain or enhance habitat for beavers and other 
wildlife.
(b) Administration.--The Secretary may enter into an agreement with 
the National Fish and Wildlife Foundation to administer the Program in 
consultation with the United States Fish and Wildlife Service.
(c) Eligibility.--An eligible entity that applies for a grant under 
the Program shall submit to the Secretary an application at such time, 
in such manner, and containing such information as the Secretary may 
require, which shall include the following:
(1) A description of the experience, qualifications, and 
training (including planned training) of the eligible entity 
with respect to the use of nonlethal coexistence measures.
(2) In the case of an application submitted by an eligible 
entity that is not a State or Tribal wildlife or natural 
resources management agency (or equivalent), a certification 
that the eligible entity has consulted with such an agency (or 
equivalent).
(3) In the case of an application submitted by an eligible 
entity that is not an owner of the property on which a relevant 
proposed project will be located, a certification that--
(A) each owner of the property consents to the 
project; and
(B) for the duration of the project, only nonlethal 
coexistence measures will be used on the property for 
purposes of reducing property damage caused by beavers 
(except in the case of a circumstance subject to an 
exclusion under subsection (d)(3)(A)).
(d) Priority.--In awarding grants under the Program, the Secretary 
may give priority to projects that--
(1) include monitoring and research that facilitates--
(A) evaluating the impact of the project;
(B) gathering data for use in future projects; and
(C) identifying best practices;
(2) include maintenance and adaptive management of 
nonlethal coexistence measures;
(3) include educational and outreach activities;
(4) have received Federal funding through any program 
established under title 23, United States Code, or section 6703 
of title 49, United States Code, as determined in coordination 
with the Secretary of Transportation; or
(5) satisfy any other criteria the Secretary determines 
relevant to effectively reducing damage to property by, and 
maintaining or enhancing habitat for, beavers and other 
wildlife.
(e) Conditions and Termination.--
(1) Conditions.--As a condition of receiving a grant under 
the Program, for the duration of a project carried out with 
grant funds awarded under this section, an eligible entity may 
use only nonlethal coexistence measures for purposes of 
reducing property damage caused by beavers on the property on 
which the project is carried out.
(2) Termination.--The Secretary shall terminate a grant 
made to an eligible entity under the Program if a measure other 
than a nonlethal coexistence measure is used on the property on 
which the relevant project is carried out for purposes of 
reducing property damage caused by beavers on such property.
(3) Exclusion.--
(A) In general.--Paragraphs (1) and (2) shall not 
apply if the Secretary determines--
(i) that a measure other than a nonlethal 
coexistence measure is necessary to protect 
human health or safety;
(ii) in consultation with relevant Federal 
and State agencies, that a measure other than a 
nonlethal coexistence measure is necessary to 
protect a Federal or State flood control or 
water rights mandate; or
(iii) that a project carried out with grant 
funds awarded under this section has been 
implemented for more than 1 year and such 
project has not sufficiently reduced property 
damage caused by beavers on the property on 
which the project is carried out.
(B) Documentation.--The Secretary shall maintain a 
record of each determination made under subparagraph 
(A).
(f) Federal Share.--The Federal share of the cost of a project for 
which a grant is awarded under the Program may not exceed 75 percent.
(g) Federal Agency Partnerships.--An eligible entity may enter into 
a partnership with a Federal agency for assistance in--
(1) applying for a grant under the Program; or
(2) carrying out a project with a grant awarded the 
Program.
(h) Annual Report to Congress.--Not later than 90 days after the 
end of each fiscal year for which grants are awarded under the Program, 
the Secretary shall submit to Congress, and make publicly available, a 
report that includes--
(1) a detailed description of the projects funded by grants 
under the Program, including the extent to which such projects 
represent diverse geographic areas;
(2) an evaluation of the effectiveness of the Program in 
selecting projects according to the priorities described in 
subsection (c); and
(3) recommendations to improve the effectiveness of the 
Program.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to 
carry out this section $3,000,000 for each of fiscal years 2025 
through 2029.
(2) Limitation.--Not more than 10 percent of the amounts 
made available each fiscal year under paragraph (1) may be used 
for administrative expenses of the Program.
(j) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an Indian Tribe (as such term is defined in 
section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304));
(B) a State or Tribal agency;
(C) a unit of local government;
(D) a foundation, nonprofit organization, or 
institution of higher education; and
(E) a partnership between--
(i) 1 or more entities described in any of 
subparagraphs (A) through (D); and
(ii) an owner of property that has 
sustained or is at risk of sustaining property 
damage due to beaver activity.
(2) Nonlethal coexistence measure.--
(A) In general.--The term ``nonlethal coexistence 
measure'' means a measure designed to mitigate property 
damage caused by beavers that does not incorporate--
(i) the gripping, trapping, injuring, or 
killing of a beaver;
(ii) the destruction or removal of a beaver 
dam or lodge, unless such destruction or 
removal is necessary to install flow management 
devices; or
(iii) the relocation of a beaver.
(B) Inclusions.--The term ``nonlethal coexistence 
measure'' includes--
(i) fencing used to protect culverts;
(ii) fencing and paint-sand mixtures used 
to protect trees;
(iii) fencing used to protect earthen dams 
from beaver burrowing; and
(iv) flow management devices used to 
control water levels in beaver ponds.
(3) Program.--The term ``Program'' means the grant program 
established under subsection (a).
(4) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior, acting through the Director of the United 
States Fish and Wildlife Service.
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